United States of Ame v. Local 1804-1 Assigned to: Judge Alvin K. Hellerstein Referred to: Magistrate Judge Theodore H. Katz Demand: $0 Cause: 18:1964 Racketeering (RICO) Act |
Date Filed: 02/14/1990 Jury Demand: None Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: U.S. Government Plaintiff |
| Plaintiff | ||
| United States of America | represented by | Beth E. Goldman U.S. Attorney's Office, SDNY (86 Chambers St.) 86 Chambers Street New York, NY 10007 212-637-2732 Fax: 212-637-2686 Email: Beth.Goldman@usdoj.gov LEAD ATTORNEY Chad A. Vignola Otto G. Obermaier U.S. Attorney for the SDNY One St. Andrew's Plaza New York, NY 10007 (212)791-1972 LEAD ATTORNEY |
V. |
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| Defendant | ||
| IlA Local 1804-1 | ||
| Defendant | ||
| Ila Local 1804-1 Executive Board | ||
| Defendant | ||
| Joseph C.F. Kenny | ||
| Defendant | ||
| Harold Daggett | ||
| Defendant | ||
| Harry Cashin | ||
| Defendant | ||
| Ronald Capri | ||
| Defendant | ||
| Thomas Buzzanca TERMINATED: 11/02/1995 |
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| Defendant | ||
| James Cashin | ||
| Defendant | ||
| George Barone | ||
| Defendant | ||
| Ila Local 1588 TERMINATED: 08/08/2005 |
represented by | Donna R. Newman 3163 Kennedy Boulevard Jersey City, NJ 07306 (201)420-5951 LEAD ATTORNEY |
| Defendant | ||
| Ila Local 1588 Executive Board TERMINATED: 08/08/2005 |
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| Defendant | ||
| Blase Terraciano | ||
| Defendant | ||
| George Lachnicht TERMINATED: 09/10/1993 |
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| Defendant | ||
| Dominick Sanzo | ||
| Defendant | ||
| Donald J Carson TERMINATED: 09/10/1993 |
represented by | Fredric J. Gross 7 East Kings Highway Mount Ephraim, NJ 08033 (609)931-1511 TERMINATED: 09/10/1993 LEAD ATTORNEY |
| Defendant | ||
| Ila Local 1814 | ||
| Defendant | ||
| Ila Local 1814 Executive Board | ||
| Defendant | ||
| Frank Lonardo | ||
| Defendant | ||
| Louis Pernice | ||
| Defendant | ||
| Anthony Pimpinella | ||
| Defendant | ||
| Alfred Small TERMINATED: 10/30/1991 |
represented by | Gerald Joseph McMahon Gerald J. McMahon, Esq. 67 Wall Street, Suite 1810 New York, NY 10005 212-797-1877 Fax: 212-797-1419 Email: info@geraldjmcmahon.com LEAD ATTORNEY |
| Defendant | ||
| Joseph Colozza | ||
| Defendant | ||
| Carlos Mora TERMINATED: 03/14/1991 |
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| Defendant | ||
| Joseph Randazzo | ||
| Defendant | ||
| Leroy Gwynn TERMINATED: 03/14/1991 |
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| Defendant | ||
| Santo Calabrese | ||
| Defendant | ||
| Ralph Perello TERMINATED: 03/14/1991 |
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| Defendant | ||
| Richard Pierce TERMINATED: 03/14/1991 |
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| Defendant | ||
| Gregory Lagana | ||
| Defendant | ||
| Anthony Ciccone | ||
| Defendant | ||
| Frank Scollo | ||
| Defendant | ||
| Anthony Scotto | ||
| Defendant | ||
| Anthony Anastasio TERMINATED: 09/10/1993 |
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| Defendant | ||
| Ila Local 1809 | ||
| Defendant | ||
| Ila Local 1809 Executive Board | ||
| Defendant | ||
| John Bowers | ||
| Defendant | ||
| Robert Gleason | ||
| Defendant | ||
| Thomas Ryan | ||
| Defendant | ||
| John Potter | ||
| Defendant | ||
| Ila Local 824 | ||
| Defendant | ||
| Ila Local 824 Executive Board | ||
| Defendant | ||
| George Bradley | ||
| Defendant | ||
| Ila Local 1909 | ||
| Defendant | ||
| Ila Local 1909 Executive Board | ||
| Defendant | ||
| Anthony Salerno | ||
| Defendant | ||
| Venero Mangano TERMINATED: 09/10/1993 |
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| Defendant | ||
| Tino Fiumara TERMINATED: 09/10/1993 |
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| Defendant | ||
| John Barbato | ||
| Defendant | ||
| Douglas Rago TERMINATED: 07/23/1993 |
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| Defendant | ||
| Vincent Colucci TERMINATED: 09/24/1992 |
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| Defendant | ||
| Anthony Gallagher TERMINATED: 09/10/1993 |
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| Defendant | ||
| Michael Coppola TERMINATED: 09/10/1993 |
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| Defendant | ||
| John Gotti TERMINATED: 09/02/1992 |
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| Defendant | ||
| James Coonan TERMINATED: 09/10/1993 |
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| Defendant | ||
| James McElroy TERMINATED: 09/10/1993 |
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| Defendant | ||
| Kevin Kelly TERMINATED: 09/10/1993 |
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| Defendant | ||
| Nodar Pump Repair | ||
| Defendant | ||
| Doreen Supply Company, Inc. | ||
| Defendant | ||
| Metropolitan Marine Maintenance Contractors | represented by | David Simon Lord Day & Lord, Barrett Smith 1675 Broadway NYC, NY 10019-5874 (212) 969-6000 TERMINATED: 10/28/1993 LEAD ATTORNEY David Simon Kirkpatrick & Lockhart One Rockefeller Plaza New York, NY 10020-2195 (212)332-3500 LEAD ATTORNEY |
| Defendant | ||
| New York Shipping Association | represented by | Richard P. Lerner Lambos & Giardino 29 Broadway New York, NY 10006 943-2470 LEAD ATTORNEY richard P. Richard P. Lerner LAMBOS & GIARDINO 29 Broadway - 9th Fl. New York, NY 10006 212/943-2470 LEAD ATTORNEY |
| ThirdParty Plaintiff | ||
| Ila Local 1814 Executive Board | ||
| ThirdParty Plaintiff | ||
| Ila Local 1814 | ||
V. |
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| ThirdParty Defendant | ||
| Waterfront Commission of New York Harbor | ||
| Movant | ||
| Locals 1, 791, 824, 856, 895, 901, 1198, 1233, 1235, 1588, 1804-1 and 1814 of the International Longshoremen's Association, AFL-CIO | ||
Date Filed |
# |
Docket Text |
| 02/14/1990 | 1 | COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (emil) (Entered: 06/16/1992) |
| 05/16/1990 | 193 | THIRD-PARTY COMPLAINT by Ila Local 1814 Execu, Ila Local 1814 against Waterfront Commissio ; Third-party summons issued. (emil) (Entered: 06/16/1992) |
| 09/17/1991 | 610 | STIPULATION and ORDER, extending time; NYSA's response to the government's Employer Class Certification motion & NYSA's motion to dismiss is extended until 10-11-91; The government's reply to NYSA's answer to the Employer Class Certification motion & the government's answer to NYSA's motion to dismiss shall be filed by 10-17-91; NYSA's reply if any, to the government's response to NYSA's motion to dismiss shall be filed by 10-23-91; and Oral argument on the government's motion for certification of the Employer Class & NYSA's motion to dismiss shall be heard on 10-24-92. ( signed by Judge Leonard B. Sand ). (jl) (Entered: 05/06/1992) |
| 10/04/1991 | Memo endorsed on motion #558, see paper docket, the motion to sever is denied except as set forth in telephone conference. See transcript proceedings ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 10/09/1991) | |
| 10/15/1991 | Memo to the Docket Clerk that a non-jury trial was held on 9/30, 10/2, 10/4, 10/7, 10/8, 10/10, 10/11 & adjourned to 10/15/91 (emil) (Entered: 10/21/1991) | |
| 10/21/1991 | 562 | NOTICE OF MOTION by Donald J Carson to dismiss , for partial summary judgment , Return date 10/31/91 (emil) (Entered: 10/28/1991) |
| 10/23/1991 | 563 | STIPULATION and ORDER, Venero Mangano will will decline to answer any questions asked of him during dep., hearing, trial or proceeding & will also decline to produce any documents (Signed by Judge Sand) (emil) Modified on 10/30/1991 (Entered: 10/30/1991) |
| 10/25/1991 | 564 | STIPULATION and ORDER, the time for filing NYSA's response to the government's Employer Class certification motion & NYSA's motion to dismiss is extended until 11/1/91; Government's reply to NYSA's answer to said motion & the government's answer to NYSA's motion to dismiss shall be fld by 11/7/91; NYSA's reply, if any, to the government's response to NYSA's motion to dismiss shall be fld no later than 11/13/91; Oral argument on the motion for certification shall be heard on 11/14/91 ( signed by Judge Leonard B. Sand ). (emil) (Entered: 11/01/1991) |
| 10/25/1991 | Memorandum to Docket Clerk: NON-JURY TRIAL 10/15, 10/16, 10/21, 10/22, 10/23, 10/25 & adjourned to 11/14/91 (emil) (Entered: 11/01/1991) | |
| 10/30/1991 | 565 | CONSENT JUDGMENT for United States of America against Alfred Small ( signed by Judge Leonard B. Sand ) (emil) (Entered: 11/04/1991) |
| 11/01/1991 | 566 | STIPULATION and ORDER, that if, at any hearing, trial, or proceeding in this action, Arcamone is asked any question relating in any way to the following matters, Arcamone will, on the advice of counsel, decline to answer on the basis of his privilege against self-incrimination ( signed by Judge Leonard B. Sand ). (emil) (Entered: 11/08/1991) |
| 11/01/1991 | 567 | STIPULATION and ORDER, in re; settlement negotiations, class certification, etc. ( signed by Judge Leonard B. Sand ). (emil) (Entered: 11/08/1991) |
| 11/15/1991 | Memo endorsed on motion; denying [562-1] motion to dismiss, denying [562-2] motion for partial summary judgment ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 11/22/1991) | |
| 11/22/1991 | 568 | Transcript of record of proceedings filed for dates of 9/16/91 (emil) (Entered: 11/25/1991) |
| 11/22/1991 | 569 | STIPULATION and ORDER, it is agreed that the recitals are hereby incorporated by reference as though fully set forth herein, and as so incorporated by reference, are agreed to by NYSA & the Government. ( signed by Judge Leonard B. Sand ). (jl) (Entered: 11/26/1991) |
| 12/04/1991 | 570 | MEMORANDUM by United States of America in support of Additional Proferred Trial Exhibits. (rjm) (Entered: 12/05/1991) |
| 12/04/1991 | 571 | DECLARATION of Brigid Marcuse in Lieu of Direct Testimony Re: (rjm) (Entered: 12/06/1991) |
| 12/10/1991 | Memorandum to Docket Clerk: That Pre-trial Conference was held and concluded on 12/10/91 before Judge Sand. (rjm) (Entered: 12/11/1991) | |
| 12/10/1991 | 572 | Government's First Rule 32, 33, and 35 Discovery Designations (emil) (Entered: 12/13/1991) |
| 12/11/1991 | Memorandum to Docket Clerk: non-jury trial before Judge Sand continued 11/4/91, 11/6/91, 11/7/91, 11/15/91, 11/25/91 and 11/26/91 and adjourned to 12/11/91. Daniel Kenneally, Deputy Court Clerk (rjm) (Entered: 12/11/1991) | |
| 12/11/1991 | Memorandum to Docket Clerk:, Non-Jury trial held on 12/11/91 (emil) (Entered: 12/26/1991) | |
| 12/13/1991 | 576 | STIPULATION and ORDER, in re; reports of the Local 1814 Political Action ( signed by Judge Leonard B. Sand ). (emil) (Entered: 12/19/1991) |
| 12/16/1991 | Pre-trial conference held (emil) (Entered: 12/26/1991) | |
| 12/17/1991 | 573 | NOTICE OF MOTION by Donald J Carson to disqualify Larry Bronson , Return date 1/2/92 (emil) (Entered: 12/19/1991) |
| 12/17/1991 | 574 | DECLARATION of Fredric J. Gross in support [573-1] motion to disqualify Larry Bronson (emil) (Entered: 12/19/1991) |
| 12/17/1991 | 575 | CERTIFICATE OF SERVICE by Donald J Carson (emil) (Entered: 12/19/1991) |
| 12/17/1991 | 577 | Transcript of record of proceedings filed for dates of October 3, 1991 (emil) (Entered: 12/20/1991) |
| 12/17/1991 | 578 | CONSENT DECREE/ORDER, this is in full settlement & satisfaction of any and all civil claims by the Gov't against Local 1814 & the individual defts on account of the facts & events alleged in the complaint & the amended complaint, and such claims are discontinued w/ prejudice ( signed by Judge Leonard B. Sand ); (emil) (Entered: 12/20/1991) |
| 12/20/1991 | Memo endorsed on motion; mooting [573-1] motion to disqualify Larry Bronson ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) Modified on 09/14/1992 (Entered: 12/26/1991) | |
| 01/02/1992 | Pre-trial conference held and concluded as to deft. Lachnicht. (jr) (Entered: 02/10/1992) | |
| 01/03/1992 | 579 | CONSENT ORDER concerning Local 1588 Int'l Longshoreman's Association, AFL-CIO, this order is in full settlement & satisfaction of any & all civil claims arising from the transactions or series of transactions alleged in the complaint against each of the settling defts. Such claims are discontinued w/ prejudice ( signed by Judge Leonard B. Sand ); (emil) (Entered: 01/07/1992) |
| 01/14/1992 | NOTICE OF APPEAL by Donald J Carson ; from [579-1] order ; Entered on docket 12/20/91 Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 2/13/92 (sc) (Entered: 01/15/1992) | |
| 01/14/1992 | 580 | NOTICE OF APPEAL by Donald J Carson ; from the 11/12/91 order denying partial summary judgment on defendant Carson's alternative claim of double jeopardy ; Entered on docket 12/20/91 Copies of notice of appeal mailed to Attorney(s) of Record: . Appeal record due on 2/13/92 (sc) Modified on 01/16/1992 (Entered: 01/16/1992) |
| 01/27/1992 | 583 | CONSENT ORDER, substituting attorney Gerald J. McMahon, Esq. in place of Gareth W. Stewart, Esq. as atty. for deft. Alfred Small in this action ( signed by Judge Leonard B. Sand ); (rjm) (Entered: 01/29/1992) |
| 01/28/1992 | 582 | ORDER, the request by Donald Carson for a stay of the RICO proceedings against him is denied & the trial shall proced at 10:00 a.m. on 1/29/92 ( signed by Judge Leonard B. Sand ); Copies mailed (emil) Modified on 02/19/1993 (Entered: 01/28/1992) |
| 01/29/1992 | 584 | DECLARATION in support of the Government's motion in limine to exclude evidence proffered by deft Carlson (emil) (Entered: 01/30/1992) |
| 01/29/1992 | 585 | ANSWER by Donald J Carson (Attorney Fredric J. Gross) to amended complaint ; by attorney Fredric J. Gross for defendant Donald J Carson (emil) (Entered: 01/30/1992) |
| 01/29/1992 | Non- jury trial continued on 1/29/92 as to deft Donald Caison and concluded on 1/30/92. Settled as to Caison. (jr) (Entered: 02/10/1992) | |
| 01/30/1992 | 586 | DECLARATION by Donald J Carson (emil) (Entered: 01/31/1992) |
| 01/30/1992 | 587 | CERTIFICATE OF SERVICE by Donald J Carson of Declaration of Donald Carson by personal service upon Larry Bronson on 1/29/92 (emil) (Entered: 01/31/1992) |
| 02/03/1992 | 588 | True Copy of Order from the USCA RE: motion by Donald Carson for a stay of trial until appeal on double jeopardy grounds is decided, is denied. (emil) (Entered: 02/10/1992) |
| 02/03/1992 | Non-Jury trial continued as to deft. Local 1588 only on 1/3/92 and concluded-settled. (jr) (Entered: 02/10/1992) | |
| 02/07/1992 | 589 | STIPULATION and ORDER, that the term of the Monitor shall be extended from the date on which the results of the 1996 election for Local 1814 office is certified through and until the thirty-fifth day after the certification of such results. ( signed by Judge Leonard B. Sand ). (jr) (Entered: 02/10/1992) |
| 02/13/1992 | 590 | Certification of election concerning Locals 824, 1809, and 1909, International Longshoreman's Association, AFL-CIO their executive boards and officers (emil) (Entered: 02/18/1992) |
| 02/20/1992 | 591 | ORDER, The Court sustains the Government's obejection to the disputed exhibits lited in Ct. Ex. I, pp. 3-6. This ruling closes the record in this case int its entirety. If, however, Mr. Lachnicht wishes to reopen the record for the sole purpose of laying a foundation for admission of the exhibits as to which objection was sustained, he may do so by applying to the Court in writing for such relief within 10 days from the date hereof ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 02/24/1992) |
| 02/21/1992 | 592 | STIPULATION and ORDER regarding Consent Decree( signed by Judge Leonard B. Sand ). (emil) (Entered: 02/25/1992) |
| 03/09/1992 | 593 | Filed Memo-Endorsement on letter dated 2/28/92, application to re-open the record is granted. Counsel are to confer & advise Court by 3/19/92 when they will be ready to proceed ( signed by Judge Leonard B. Sand ) (emil) (Entered: 03/10/1992) |
| 03/10/1992 | 594 | MANDATE OF USCA (certified copy) Re: [580-1] appeal by Donald J Carson is dismissed (emil) (Entered: 03/11/1992) |
| 03/11/1992 | 595 | Memo endorsed on duplicate of motion;, motion by 3rd party deft Waterfront Commission of NY Harbor to dismiss the 3rd party complaint & for rule 11 sanctions is denied as moot ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 03/12/1992) |
| 03/18/1992 | 596 | Filed Memo-Endorsement on letter dated 3/4/92, any application concerning settlement are referred to the Settlement Master and should not be directed to this Court ( signed by Judge Leonard B. Sand ) (emil) (Entered: 03/20/1992) |
| 03/18/1992 | 597 | Filed Memo-Endorsement on letter dated 3/12/92, application by Fredric J. Gross requesting 26 days from whatever date the government's submission is received to submit a brief, is denied ( signed by Judge Leonard B. Sand ) (emil) (Entered: 03/20/1992) |
| 03/19/1992 | 598 | Transcript of record of proceedings filed for dates of 12/10/91 (emil) (Entered: 03/23/1992) |
| 03/24/1992 | 599 | ORDER, the application for a ruling declaring that he is available for work on the Waterfront is denied ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 03/25/1992) |
| 03/24/1992 | 600 | Certification of Election concerning Locals 824, 1809 and 1909, International Longshoremen's Association, AFL-CIO, their Executive Boards and Officers (emil) (Entered: 03/26/1992) |
| 03/26/1992 | Evidentiary hearing as to deft Lachnicht (emil) (Entered: 04/13/1992) | |
| 03/30/1992 | 602 | ORDER, the Court appoints Joseph Jaffe as Monitor w/ the powers specified in that consent judgment ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 04/01/1992) |
| 03/31/1992 | 601 | NOTICE OF APPEAL by Anthony Ciccone ; from [599-1] order the application for a ruling declaring that he is available for work on the Waterfront is denied . Copies of notice of appeal mailed to Attorney(s) of Record: Fredric J. Gross, Gerald J. McMahon . (jf) (Entered: 04/01/1992) |
| 04/01/1992 | Notice of appeal and certified copy of docket to USCA: [601-1] appeal by Anthony Ciccone ; Copy of notice of appeal sent to District Judge. (jf) (Entered: 04/01/1992) | |
| 04/08/1992 | 603 | NOTICE OF MOTION for an order directing the pymt. of counsel fees for the representation of Local 1814 officer deft Alfred Small , Return date 4/23/92. Declaration in support is attached (emil) (Entered: 04/13/1992) |
| 04/08/1992 | 604 | MEMORANDUM of Gareth W. Stewart in support of [603-1] motion for an order directing the pymt. of counsel fees for the representation of Local 1814 officer deft Alfred Small (emil) (Entered: 04/14/1992) |
| 04/23/1992 | 605 | Government's POST-TRIAL MEMORANDUM and Proposed Findings of Fact and Conclusions of Law (emil) (Entered: 04/23/1992) |
| 04/28/1992 | 606 | MANDATE OF USCA (certified copy) Re: [601-1] appeal by Anthony Ciccone is dismissed (emil) (Entered: 05/01/1992) |
| 04/28/1992 | 607 | Transcript of record of proceedings filed for dates of 2/27/92 (emil) (Entered: 05/01/1992) |
| 05/05/1992 | 608 | SUPPLEMENTAL MEMORANDUM of Gareth W. Stewart in support of [603-1] motion for an order directing the pymt. of counsel fees for the representation of Local 1814 officer deft Alfred Small (emil) (Entered: 05/05/1992) |
| 05/05/1992 | 609 | DECLARATION of Gareth W. Stewart in support [603-1] motion for an order directing the pymt. of counsel fees for the representation of Local 1814 officer deft Alfred Small (emil) (Entered: 05/05/1992) |
| 05/05/1992 | 611 | Filed Memo-Endorsement on letter dated 4/29/92, the application to strike is denied. If counsel for Carson wishes to make a supplemental filing he may do so within the next 10 working days ( signed by Judge Leonard B. Sand ) (emil) (Entered: 05/06/1992) |
| 05/08/1992 | 612 | DECLARATION of Chad A. Vignola Re: to clarify certain inaccuracies in the papers submitted in support of Mr. Stewart's application (emil) (Entered: 05/08/1992) |
| 05/12/1992 | Memo endorsed on motion; denying [603-1] motion for an order directing the pymt. of counsel fees for the representation of Local 1814 officer deft Alfred Small ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 05/13/1992) | |
| 05/18/1992 | 613 | DECLARATION of Gareth W. Stewart Re: to put certain information and bring certain documents before the court (emil) (Entered: 05/19/1992) |
| 05/26/1992 | 614 | NOTICE OF MOTION by Ila Local 824, Ila Local 1809 for leave to file Memo of Law as Amici Curiae , Return date not indicated (emil) (Entered: 05/27/1992) |
| 05/26/1992 | 615 | MEMORANDUM by Ila Local 824, Ila Local 1809, Ila Local 1814, Ila Local 1909, Ila Local 1588 re: pltff's proposed findings of fact and conclusions of law (emil) (Entered: 05/27/1992) |
| 05/29/1992 | 616 | Deft Lachnicht's Findings of Fact and Conclusions of Law (emil) (Entered: 06/01/1992) |
| 06/03/1992 | 617 | Filed Memo-Endorsement on letter dated 5/20/92, extending time for ptlff to file post-trial Proposed Findings of Fact and Conclusions of law until 6/15/92 ( signed by Judge Leonard B. Sand ) (emil) (Entered: 06/03/1992) |
| 06/10/1992 | 618 | NOTICE of attorney appearance for Metropolitan Marine by David Simon (emil) (Entered: 06/11/1992) |
| 06/11/1992 | 619 | Filed Memo-Endorsement on letter dated 6/5/92 that pltff's time to submit Findings of Fact & Conclusions of Law is extended to 6/30/92( signed by Judge Leonard B. Sand ) (emil) (Entered: 06/12/1992) |
| 06/12/1992 | 620 | ORDER, the Court appoints Robert Gaffey as the Court-appointed Officer w/ the powers specified in that consent judgment ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 06/15/1992) |
| 06/16/1992 | 621 | Transcript of record of proceedings filed for dates of April 7, 1992 (emil) Modified on 08/12/1992 (Entered: 06/18/1992) |
| 06/16/1992 | 622 | Transcript of record of proceedings filed for dates of April 23, 1992 (emil) Modified on 08/12/1992 (Entered: 06/18/1992) |
| 06/19/1992 | 623 | REPLY MEMORANDUM by United States of Ame re: in support of its proposed finding of fact and conclusions of law (emil) Modified on 08/12/1992 (Entered: 06/19/1992) |
| 06/22/1992 | 624 | ORDER, the Court reiterates that the record w/ an affidavit concerning the missing minutes in this case is closed. Any request by any party to supplement the record must be made by formal motion and upon a showing of good cause ( signed by Judge Leonard B. Sand ); Copies mailed (emil) Modified on 09/14/1992 (Entered: 06/23/1992) |
| 06/23/1992 | 625 | ORDER, the Court directs that every deft in this case who has not entered into a consent decree or has not had a default judgment entered against him complete and file w/ the Court the annexed statement of Position. Such statement shall be fld no later than 7/30/92. Failure to do so shall constitute an act of default. Default judgments will be entered as to all defts who fail to file ( signed by Judge Leonard B. Sand ); Copies mailed (emil) Modified on 08/13/1992 (Entered: 06/23/1992) |
| 06/29/1992 | 626 | ORDER, the motion of deft Gallagher made by letter dated 6/18/92 to admit the Gallagher deposition of 3/19/91 into the record of this case is granted upon the conditions listed in this order ( signed by Judge Leonard B. Sand ); Copies mailed (emil) Modified on 09/14/1992 (Entered: 06/30/1992) |
| 06/30/1992 | 627 | NOTICE OF MOTION by Anthony Gallagher to reopen the closed trial record , Return date not indicated. Findings of Fact and Conclusions of Law attached (emil) Modified on 08/12/1992 (Entered: 07/01/1992) |
| 07/07/1992 | 628 | ORDER, granting the Government's request to amend the complaint. ( signed by Judge Leonard B. Sand ); Copies mailed (jr) Modified on 09/14/1992 (Entered: 07/09/1992) |
| 07/17/1992 | 629 | Transcript of record of proceedings filed for dates of October 7, 8, 10, 11, 1991 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/17/1992 | 630 | Transcript of record of proceedings filed for dates of May 10, September 30; October 2, 4, 1991 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/17/1992 | 631 | Transcript of record of proceedings filed for dates of May 2, 3, 6, 8, 1991 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/17/1992 | 632 | Transcript of record of proceedings filed for dates of April 25, 29, 30; May 1, 1991 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/17/1992 | 633 | Transcript of record of proceedings filed for dates of April 15, 16, 17, 1991 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/17/1992 | 634 | Transcript of record of proceedings filed for dates of April 19, 22, 34, 24, 1991 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/17/1992 | 635 | Transcript of record of proceedings filed for dates of December 11,13,17,18,1991, January 2,3,29,30, 1992, March 26, 1992 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/17/1992 | 636 | Transcript of record of proceedings filed for dates of November 7, 15, 25, 26, 1991 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/17/1992 | 637 | Transcript of record of proceedings filed for dates of October 23, 25, 28, November 4, 6, 1991 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/17/1992 | 638 | Transcript of record of proceedings filed for dates of October 15, 16, 21, 22, 1991 (emil) Modified on 08/13/1992 (Entered: 07/17/1992) |
| 07/22/1992 | 639 | Filed Defendant George Lachnicht Statement of Position. (jr) Modified on 08/13/1992 (Entered: 07/24/1992) |
| 07/24/1992 | 640 | Filed Letter from Chad A. Vignola to Judge Sand dated July 16, 1992. Re: Request that the Court schedule a conference concerning Local 1588's corrected position as to the destruction of the union's minutes and related correspondence for the period prior to June 1992. (jr) Modified on 08/12/1992 (Entered: 07/24/1992) |
| 07/29/1992 | 641 | Statement of Position of Vincent Colucci (emil) Modified on 08/12/1992 (Entered: 07/30/1992) |
| 07/30/1992 | 642 | POST TRIAL MEMORANDUM by United States of Ame re: suppressed electronic surveillance tapes (emil) Modified on 08/12/1992 (Entered: 07/30/1992) |
| 07/30/1992 | Pre-trial conference held (emil) (Entered: 08/03/1992) | |
| 08/11/1992 | 643 | STIPULATION and ORDER, substituting attorney for New York Shipping Association, Inc. ( signed by Judge Louis J. Freeh ). (emil) Modified on 09/02/1992 (Entered: 08/12/1992) |
| 08/12/1992 | 644 | GOVERNMENT'S AMENDED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (emil) (Entered: 08/12/1992) |
| 08/24/1992 | 645 | NOTICE of substitution of attorney for New York Shipping Association, Inc. by R ichard P. Lerner (sc) (Entered: 08/25/1992) |
| 08/25/1992 | 646 | RESPONSE by Donald J Carson & Peggy Carson Re: [642-1] memorandum concerning the belatedly suppressed tapes (emil) (Entered: 08/25/1992) |
| 08/25/1992 | 647 | ORDER, that Gallagher's out of date response will be accepted if filed by 9/1/92. SAND,J. cmc ( signed by Judge Leonard B. Sand ); Copies mailed (sc) (Entered: 08/26/1992) |
| 09/02/1992 | 648 | DEFAULT JUDGMENT against John Gotti ( signed by Judge Leonard B. Sand ) (emil) (Entered: 09/02/1992) |
| 09/11/1992 | 649 | Filed Memo-Endorsement on letter dated 9/3/92, extending time for the government to file its reply brief in connection with certain electronic surveillance evidence for one week ( signed by Judge Leonard B. Sand ) (emil) (Entered: 09/14/1992) |
| 09/11/1992 | 650 | MEMORANDUM by United States of America in opposition to Venero Mangano's Request for summary judgment and reply to defts' memo concerning suppressed electronic surveillance tapes. Fld in night dep. on 9/11/92 at 5:27 p.m. (emil) (Entered: 09/14/1992) |
| 09/11/1992 | 651 | DECLARATION of Chad A. Vignola Re: to summarize certain ongoing proceedings in the captioned action against defts, including Donald Carson, Anthony Gallagher, and Venero Mangano. Fld in night dep. on 9/11/92 at 5:28 p.m. (emil) (Entered: 09/14/1992) |
| 09/14/1992 | 652 | NOTICE of attorney appearance for Ila Local 1588 by Donna R. Newman (emil) (Entered: 09/14/1992) |
| 09/14/1992 | 653 | STIPULATION and ORDER, substituting attorney for deft Local 1588 ( signed by Judge Leonard B. Sand ). (emil) Modified on 09/15/1992 (Entered: 09/15/1992) |
| 09/24/1992 | 654 | CONSENT JUDGMENT # 92,2158 for United States of Ame against Vincent Colucci $10,000 ( signed by Judge Leonard B. Sand ) (emil) (Entered: 09/28/1992) |
| 10/01/1992 | 655 | Transcript of record of proceedings filed for dates of July 30, 1992 (emil) (Entered: 10/01/1992) |
| 10/05/1992 | 656 | NOTICE OF MOTION by Donald J Carson for Judge Sand to recuse himself , Return date 10/22/92 (emil) (Entered: 10/05/1992) |
| 10/05/1992 | 657 | BRIEF by Donald J Carson re: [656-1] motion for Judge Sand to recuse himself (emil) (Entered: 10/05/1992) |
| 10/05/1992 | 658 | DECLARATION of Fredric J. Gross in support [656-1] motion for Judge Sand to recuse himself (emil) (Entered: 10/05/1992) |
| 10/14/1992 | 659 | NOTICE of Change of Address for the law firm of Bogucki & Scotto as follows: 401 Franklin Avenue, Garden City, NY 11530. Tel: (516)739-1950 (emil) (Entered: 10/14/1992) |
| 10/22/1992 | 660 | MEMORANDUM by United States of Ame in opposition to [656-1] motion for Judge Sand to recuse himself. Fld in night dep. on 10/22/92 at 9:08 p.m. (emil) (Entered: 10/23/1992) |
| 10/22/1992 | 661 | DECLARATION of Claude M. Millman in opposition [656-1] motion for Judge Sand to recuse himself. Fld in night dep. on 10/22/92 9:08 p.m. (emil) (Entered: 10/23/1992) |
| 10/30/1992 | 662 | Filed Memo-Endorsement, regarding Carson's motion that this Court recuse itself. Signed by Judge Leonard B. Sand ) (emil) (Entered: 11/02/1992) |
| 12/07/1992 | 663 | NOTICE OF MOTION by United States of America for an order approving the proposed consent decree between the U.S. and the NY Shipping Association , Return date 12/17/92 (emil) (Entered: 12/07/1992) |
| 12/07/1992 | 664 | MEMORANDUM by United States of Ame in support of [663-1] motion for an order approving the proposed consent decree between the U.S. and the NY Shipping Association (emil) (Entered: 12/07/1992) |
| 12/07/1992 | 665 | NOTICE OF MOTION by United States of Ame to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ , Return date 12/17/92 (emil) (Entered: 12/07/1992) |
| 12/07/1992 | 666 | MEMORANDUM by United States of Ame in support of [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ (emil) (Entered: 12/07/1992) |
| 12/07/1992 | 667 | DECLARATION of Claude M. Millman in support [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ (emil) (Entered: 12/07/1992) |
| 01/14/1993 | 668 | MEMORANDUM OPINION # 70931, We find that the government has sustained its burden of proving by a fair preponderance of the evidence that each of the four remaining defts violated RICO in the manner set forth above. This Opinion marks the end of the liability phase of this case. The parties are to advise the Court in writing on or before 2/15/93 as to the proposed dates and nature of further proceedings herein , dismissing the complaint in 90 CV 5618 as per Section IV.C.2 of this Opinion ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 01/14/1993) |
| 01/22/1993 | 669 | NOTICE OF MOTION by Venero Mangano to amend the Court's opinion dated 1/14/93 , Return date 2/25/93 (emil) (Entered: 01/22/1993) |
| 01/22/1993 | 670 | MEMORANDUM by Venero Mangano in support of [669-1] motion to amend the Court's opinion dated 1/14/93 (emil) (Entered: 01/22/1993) |
| 01/27/1993 | 671 | NOTICE OF MOTION by Donald J Carson to amend the Court's opinion dated 1/14/93 , Return date 2/25/93. (emil) (Entered: 01/28/1993) |
| 01/27/1993 | 672 | DECLARATION of Donald Carson in support by Donald J Carson [671-1] motion to amend the Court's opinion dated 1/14/93 (emil) (Entered: 01/28/1993) |
| 01/29/1993 | 673 | MEMORANDUM by New York Shipping Association in support of approval of its consent judgment with the government (emil) (Entered: 01/29/1993) |
| 02/01/1993 | 674 | NOTICE OF MOTION to intervene to assert objections to the court's approval of said proposed consent judgment by Locals 1, 791, 824 , Return date 2/25/93. Filed in night deposit on 2/1/93 at 5:20 p.m. (emil) (Entered: 02/02/1993) |
| 02/01/1993 | 675 | MEMORANDUM by Locals 1, 791, 824 in opposition to entry of consent decree and in support of dismissal for lack of jurisdiction. Filed in night deposit on 2/1/93 at 5:20 p.m. (emil) (Entered: 02/02/1993) |
| 02/01/1993 | 676 | CERTIFICATE OF SERVICE by Locals 1, 791, 824 of Memo of Law upon parties listed by hand and by mail on 2/1/93. Fld in night deposit on 2/1/93 at 5:20 p.m. (emil) (Entered: 02/02/1993) |
| 02/02/1993 | 677 | Affidavit of service of Memo of Law of Deft NY Shipping Assoc., Inc. in Support of Approval of its Cons. Jgmt With the Government as to Anthony Gallagher, attorneys for Doreen Supply Compan by mail on 2/1/93 (mk) (Entered: 02/04/1993) |
| 02/15/1993 | 678 | NOTICE OF MOTION by United States of Ame restraining the assets of Defts pending entry and execution of a final judgment , Return date 2/25/93 (kr) (Entered: 02/17/1993) |
| 02/15/1993 | 679 | MEMORANDUM by United States of Ame in support of [678-1] motion restraining the assets of Defts pending entry and execution of a final judgment (kr) (Entered: 02/17/1993) |
| 02/15/1993 | 680 | DECLARATION of Claude M. Millman in support by United States of Ame [678-1] motion restraining the assets of Defts pending entry and execution of a final judgment (kr) (Entered: 02/17/1993) |
| 02/17/1993 | 681 | ORDER, amending opinion of 1/14/93 on page 1, line 2, the words " February 20,1990" are changed to "February 14, 1990" and on page 42, lines 3-4, the words "Gallagher received" are changed to "Carson received from Gallagher". The govt's further proposed amendments to the Opinion and those changes proposed by defts V. Mangano and D. Carson in their R 52(b) motions will be considered by the court after 3/9/93, the date on which Mangano and Carson's motions will be fully submitted.... ( signed by Judge Leonard B. Sand ); Copies mailed (cd) Modified on 02/19/1993 (Entered: 02/18/1993) |
| 02/19/1993 | 682 | REPLY MEMORANDUM by New York Shipping As re: in support of approval of its consent judgment with the government (emil) (Entered: 02/19/1993) |
| 02/22/1993 | 683 | BRIEF by Donald J Carson & Peggy Carson re: in opposition to freeze of assets (emil) (Entered: 02/22/1993) |
| 02/22/1993 | 684 | DECLARATION in support by Donald J Carson of Rule 52 Motion and in opposition to motion to freeze assets (emil) (Entered: 02/22/1993) |
| 02/22/1993 | 685 | MEMORANDUM by Venero Mangano in support of [669-1] motion to amend the Court's opinion dated 1/14/93 (emil) (Entered: 02/23/1993) |
| 02/22/1993 | 686 | REPLY MEMORANDUM by United States of Ame re: [678-1] motion restraining the assets of Defts pending entry and execution of a final judgment. Filed in night deposit on 2/22/93 at 6:26 p.m. (emil) (Entered: 02/23/1993) |
| 02/22/1993 | 687 | NOTICE OF MOTION by Anthony Gallagher to extend time for Rule 52B comments from 2/15/93 to 3/8/93 , Return date 3/11/93. Motion and Affidavit in support attached. (emil) (Entered: 02/23/1993) |
| 02/24/1993 | 688 | MEMORANDUM by United States of Ame in opposition to [671-1] motion to amend the Court's opinion dated 1/14/93, [669-1] motion to amend the Court's opinion dated 1/14/93 (emil) (Entered: 02/25/1993) |
| 02/25/1993 | 689 | MEMORANDUM by Venero Mangano in opposition to [678-1] motion restraining the assets of Defts pending entry and execution of a final judgment (emil) (Entered: 02/26/1993) |
| 02/25/1993 | 690 | DECLARATION of Susan R. Necheles in support by Venero Mangano [689-1] opposition memorandum (emil) (Entered: 02/26/1993) |
| 02/25/1993 | 691 | Letter filed by Anthony Gallagher dated 2/19/93 re TRO of assets (emil) (Entered: 02/26/1993) |
| 02/25/1993 | 692 | Letter filed by Anthony Gallagher dated 2/17/93 re request for clarification (this document is attached to doc. #691) (emil) (Entered: 02/26/1993) |
| 03/02/1993 | 693 | MEMORANDUM by Anthony Gallagher in opposition to [678-1] motion restraining the assets of Defts pending entry and execution of a final judgment (emil) (Entered: 03/02/1993) |
| 03/02/1993 | 694 | AFFIDAVIT in support of Anthony Gallagher Re: [693-1] opposition memorandum. (Attached to doc. #693) (emil) (Entered: 03/02/1993) |
| 03/02/1993 | 695 | Filed Memo_Endorsement on letter dated 2/26/93, that treating this letter as an application to dissolve the TRO, signed on 2/26/93, said application is denied , Motion hearing set for 3/5/93 for [678-1] motion restraining the assets of Defts pending entry and execution of a final judgment ( signed by Judge Leonard B. Sand ) (cd) (Entered: 03/03/1993) |
| 03/04/1993 | 696 | REPLY MEMORANDUM by United States of Ame re: [678-1] motion restraining the assets of Defts pending entry and execution of a final judgment (emil) (Entered: 03/05/1993) |
| 03/04/1993 | 697 | DECLARATION of Aimee B. Wolfson in support by United States of Ame [678-1] motion restraining the assets of Defts pending entry and execution of a final judgment (emil) (Entered: 03/05/1993) |
| 03/08/1993 | 698 | NOTICE OF MOTION by Anthony Gallagher for reconsideration of original order to show cause which put a temporary restraint on assets , Return date 3/19/93 (emil) (Entered: 03/10/1993) |
| 03/09/1993 | 699 | REPLY MEMORANDUM by Venero Mangano in support re: [669-1] motion to amend the Court's opinion dated 1/14/93 (emil) (Entered: 03/10/1993) |
| 03/10/1993 | 700 | SURREPLY MEMORANDUM by Locals 1, 791, 824 in opposition re: entry of consent decree and in support of dismiss for lack of juridiction (emil) (Entered: 03/11/1993) |
| 03/15/1993 | 701 | MEMORANDUM OPINION # 71171, This Court hold that the TRO which is currently in effect is converted into a preliminary restraining order which will remain in effect until a final judgment has been entered by the Court. Gallagher's motion to dissolve the TRO, should he wish to go forward with it, will be taken on submission on 3/19/93, the return date set forth in Gallagher's notice of motion. If the government wishes further discovery, it must seek this relief by formal motion ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 03/16/1993) |
| 03/16/1993 | 702 | ORDER, pending further order of this Court, Mangano, Lachnicht, Gallagher, and Carson are restrained from withdrawing, transferring, removing, dissipating, or disposing of funds, assets or other property which they either own or control, said funds, assets or other property being within the jurisdiction of the U.S. The terms of this Order shall apply to any employee or agent of the defts, or any individual or entity acting for, or in concert with, the defts, their employees or agents ( signed by Judge Leonard B. Sand ); Copies mailed (emil) Modified on 03/17/1993 (Entered: 03/17/1993) |
| 03/17/1993 | 703 | REPLY (in letter form) by Donald Carson and Peggy Carson Re: in support of Rule 52 Motion (emil) (Entered: 03/17/1993) |
| 03/17/1993 | 704 | TRO & ORDER TO SHOW CAUSE by United States of Ame Show Cause Hearing set for 3/5/93 for an order granting the relief requested in the Government's motion for an order restraining the assets of the defts pending final judgment. Pending further order of this Court, the defts are restrained from withdrawing, transferring, removing, dissipating, or disposing of funds, assets or other property which they either own or control, said funds, assets or other property being within the jurisdiction of the U.S. ( signed by Judge Leonard B. ); Copies mailed. (emil) (Entered: 03/18/1993) |
| 03/20/1993 | 705 | NOTICE OF MOTION by United States of Ame for an order permitting discovery of defts' assets, and for such other relief as is just and proper , Return date 4/1/93. Filed in night deposit on 3/20/93 at 7:42 p.m. (emil) (Entered: 03/22/1993) |
| 03/20/1993 | 706 | MEMORANDUM by United States of Ame in support of [705-1] motion for an order permitting discovery of defts' assets, and for such other relief as is just and proper. Fld in night deposit on 3/20/93 at 7:43 p.m. (emil) (Entered: 03/22/1993) |
| 03/20/1993 | 707 | MEMORANDUM by United States of America in support of its request for remedial relief. Fld in night deposit on 3/20/93 at 7:42 p.m. (emil) (Entered: 03/22/1993) |
| 03/30/1993 | 708 | AFFIDAVIT of Anthony Gallagher Re: [705-1] motion for an order permitting discovery of defts' assets, and for such other relief as is just and proper (emil) (Entered: 03/30/1993) |
| 03/30/1993 | 709 | ORDER, any deft wishing to introduce further evidence in conjunction with the remedy phase of this lawsuit is ordered to submit to this Court, by 4/7/93, a written list of the testimony and evidence proposed to be introduced. The gov't, should it wish to respond to any such request, may do so by 4/14/93 ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 03/30/1993) |
| 03/30/1993 | 710 | ORDER denying [627-1] motion to reopen the closed trial record, reset scheduling order deadlines: Deadline for filing of deft Gallagher's motion to amend the opinion of 1/14/93 by 4/12/93 ; Response to motion deadline 4/19/93 ; ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 03/30/1993) |
| 03/30/1993 | Memo endorsed on motion; granting [687-1] motion to extend time for Rule 52B comments from 2/15/93 to 3/8/93. Deft granted an extension to file his motion to amend the Court's 1/14/93 liability opinion until 4/12/93 ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 03/30/1993) | |
| 03/30/1993 | 711 | Memo endorsed on deft Gallagher's motion requesting a more balanced scheduling approach;, The Court will adhere to the schedule that has been set forth in various orders. The Court will not hold the remedy phase of this action in abeyance until the defts' motions for reconsideration of the 1/14/93 Opinion have been decided ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 03/30/1993) |
| 03/30/1993 | Memo endorsed on motion; mooting [698-1] motion for reconsideration of original order to show cause which put a temporary restraint on assets. In the Opinion issued by this Court on 3/15/93, deft Gallagher was informed that this motion to reconsider the TRO entered on 2/15/93 was moot. At that time we invited Gallagher to convert this motion into a motion to reconsider the 3/15/93 opinion. Gallagher has not informed the Court that he wished to convert this motion. Accordingly, the motion is denied as moot ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 03/30/1993) | |
| 03/30/1993 | Filed Memo-Endorsement on letter (doc. #692) dated 2/17/93, The issues raised in Gallagher's Letter request for clarification are decided per order dated 3/29/93 ( signed by Judge Leonard B. Sand ) (emil) (Entered: 03/30/1993) | |
| 03/31/1993 | 711 | DECLARATION of Donald Carson in support of leave to proceed in forma pauperis (emil) (Entered: 03/31/1993) |
| 03/31/1993 | 712 | Filed Memo-Endorsement on letter dated 3/17/93, Carson's application to proceed in forma pauperis is denied ( signed by Judge Leonard B. Sand ) (emil) (Entered: 03/31/1993) |
| 03/31/1993 | Memo endorsed on motion; withdrawing [674-1] motion to intervene to assert objections to the court's approval of said proposed consent judgment by Locals 1, 791, 824. See Surreply Memo of Amici Curiae in opposition to entry of Consent Decree at page 1, footnote 1. Union Locals may proceed as amici curiae ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 03/31/1993) | |
| 04/08/1993 | 713 | ORDER, the TRO entered into in open court on 3/5/93, and memorialized in an Order of this Court dated 3/15/93, is converted into a preliminary restraining order. The terms of the 3/15 Order are incorporated by reference ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 04/12/1993) |
| 04/14/1993 | 714 | MEMORANDUM OPINION # 70931, to amend the 1/14/93 Opinion as follows: On page 34, line 6, the word "UTI" is changed to "Sealand" ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 04/14/1993) |
| 04/16/1993 | 715 | NOTICE OF CROSS MOTION by Douglas Rago to vacate the default judgment as to Douglas Rago , Return date 6/18/93. Attached is the affidavit of Gerald L. Shargel (cd) (Entered: 04/16/1993) |
| 04/16/1993 | 716 | MEMORANDUM by Douglas Rago in support of [715-1] cross motion to vacate the default judgment as to Douglas Rago and in opposition to the government's request for remedial relief. (cd) (Entered: 04/16/1993) |
| 04/19/1993 | 717 | RESPONSE by Donald J Carson Re: Government's Remedy Brief (emil) (Entered: 04/19/1993) |
| 04/19/1993 | 718 | ORDER, Mr. Carson's application to proceed IFP with his proposed appeal is granted ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 04/20/1993) |
| 04/21/1993 | 719 | RESPONSE by Anthony Gallagher Re: liability opinion of 1/14/93 via Brief in Support of Rule 52B Motion and Rule 59 Motion (emil) (Entered: 04/21/1993) |
| 04/21/1993 | 720 | DECLARATION of Peggy Carson Re: her financial status (emil) (Entered: 04/21/1993) |
| 05/12/1993 | 721 | NOTICE OF APPEAL by Donald J Carson ; from [713-1] order the TRO entered into in open court on 3/5/93, and memorialized in an Order of this Court dated 3/15/93, is converted into a preliminary restraining order. The terms of the 3/15 Order are incorporated by reference . Copies of notice of appeal mailed to Attorney(s) of Record: Fredric J. Gross, Donna R. Newman, David Simon, Richard P. Lerner, richard P. Lerner, Gerald J. McMahon, Chad A. Vignola . (jf) (Entered: 05/12/1993) |
| 05/12/1993 | Notice of appeal and certified copy of docket to USCA: [721-1] appeal by Donald J Carson ; Copy of notice of appeal sent to District Judge. (jf) (Entered: 05/12/1993) | |
| 05/18/1993 | 722 | MEMORANDUM by Venero Mangano in partial opposition to the Government's request for remedial relief. (cd) (Entered: 05/18/1993) |
| 05/18/1993 | 725 | NOTICE OF MOTION by Anthony Gallagher for issuance of subpoena , Return date not indicated. Affidavit in support attached. (emil) (Entered: 05/21/1993) |
| 05/19/1993 | 723 | Letter filed by Anthony Gallagher re proposed Consent Decree (emil) (Entered: 05/20/1993) |
| 05/20/1993 | 724 | ORDER that case be referred to Case Processing Assistant for Assignment of a Magistrate Judge for Evidentiary Hearing regarding ownership of proceeds of bail refund check ( signed by Judge Leonard B. Sand ) (emil) (Entered: 05/20/1993) |
| 05/20/1993 | NOTICE OF CASE ASSIGNMENT to Magistrate Judge Michael H. Dolinger endorsed on order of reference to Magistrate Judge. Copies mailed. (emil) (Entered: 05/20/1993) | |
| 05/20/1993 | Pre-trial conference held (emil) (Entered: 05/28/1993) | |
| 05/21/1993 | 726 | Transcript of record of proceedings filed for dates of 3/18/93. (kg) (Entered: 05/24/1993) |
| 05/22/1993 | 736 | NOTICE OF APPEAL by Anthony Gallagher ; from [713-1] order the TRO entered into in open court on 3/5/93, and memorialized in an Order of this Court dated 3/15/93, is converted into a preliminary restraining order. The terms of the 3/15 Order are incorporated by reference . Copies of notice of appeal mailed to Attorney(s) of Record: Fredric J. Gross, Donna R. Newman, David Simon, Richard P. Lerner, richard P. Lerner, Gerald J. McMahon, Chad A. Vignola . (jf) (Entered: 06/04/1993) |
| 05/24/1993 | 727 | AFFIDAVIT of Anthony Gallagher Re: In Forum Pauperis Statur Response Affidavit (emil) (Entered: 05/25/1993) |
| 05/24/1993 | 728 | STIPULATION and ORDER, As against deft Mangano, the gov't agrees to withdraw without prejudice its motion for discovery dated 3/20/93. The gov't agrees that it will not seek discovery in this action from law offices of Goldman & Hafetz prior to the entry of a judgment against deft Mangano ( signed by Judge Leonard B. Sand ). (emil) (Entered: 05/25/1993) |
| 05/24/1993 | 732 | Anthony Gallagher's SUMMARY for remedy hearing response affidavit (emil) (Entered: 05/27/1993) |
| 05/25/1993 | 729 | DECLARATION of Joe Duenas Re: Anthony Gallagher's place of business. Fld in night deposit on 5/25/93 at 8:00 p.m. (emil) (Entered: 05/26/1993) |
| 05/27/1993 | 730 | Letter filed by Anthony Gallagher dated 5/6/93 re disputing govt letter of 5/6/93. (cd) (Entered: 05/27/1993) |
| 05/27/1993 | 731 | Letter filed by Anthony Gallagher dated 5/5/93 re final remedy hearing request (cd) (Entered: 05/27/1993) |
| 05/27/1993 | 733 | ORDER granting [705-1] motion for an order permitting discovery of defts' assets, and for such other relief as is just and proper, granting [704-1] motion for an order granting the relief requested in the Government's motion for an order restraining the assets of the defts pending final judgment. Pending further order of this Court, the defts are restrained from withdrawing, transferring, removing, dissipating, or disposing of funds, assets or other property which they either own or control, said funds, assets or other property being within the jurisdiction of the U.S. ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 05/27/1993) |
| 05/27/1993 | Memo endorsed on motion (see doc. #705);, this motion was decided per order dated 5/27/93 ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 05/27/1993) | |
| 05/28/1993 | 734 | MEMORANDUM by United States of America in support of its request for remedial relief as against deft George Lachnicht (emil) (Entered: 06/01/1993) |
| 05/28/1993 | 735 | MANDATE OF USCA (certified copy) Re: [721-1] appeal by Donald J Carson is dismissed. (emil) (Entered: 06/01/1993) |
| 06/02/1993 | Memo endorsed on motion; dismissing [725-1] motion for issuance of subpoena. This motion was improvidently docketed. FRCP 45(a)(3) provides that "the clerk shall issue a subpoena...to a party requesting it". Therefore, defts motion is unnecessary ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) Modified on 06/04/1993 (Entered: 06/02/1993) | |
| 06/04/1993 | Notice of appeal and certified copy of docket to USCA: [736-1] appeal by Anthony Gallagher ; Copy of notice of appeal sent to District Judge. (jf) (Entered: 06/04/1993) | |
| 06/07/1993 | 737 | STIPULATION and ORDER, withdrawing Lachnicht's request that the Court receive add'l evidence during the remedy phase of this action. The Gov't and Lachnicht agree that, w/ respect to the remedy to be fashioned against Lachnicht, the Gov't & Lachnicht will rely on this stip, the evidence received during the liability phase of this action and arguments contained in the briefs , For the purposes of the remedy phase, the Gov't and Lachnicht agree that this Court should find that Lachnicht received the dollar amounts from PSN (the first column represents the calendar year; the second represents the dollar amt. received from PSN that year; third represents the amt. received by Lachnicht from PSN that year for days when no ship as at the pier) ( signed by Judge Leonard B. Sand ). (emil) (Entered: 06/08/1993) |
| 06/07/1993 | 738 | MEMORANDUM by United States of Ame in opposition to deft Gallagher's motion to proceed in forma pauperis on appeal (cd) (Entered: 06/08/1993) |
| 06/09/1993 | 739 | NOTICE OF MOTION by Metropolitan Marine to dismiss the Amended Complaint and the action as to MMMCA , Return date 6/17/93 (emil) (Entered: 06/09/1993) |
| 06/09/1993 | 740 | MEMORANDUM by Metropolitan Marine in support of [739-1] motion to dismiss the Amended Complaint and the action as to MMMCA (emil) (Entered: 06/09/1993) |
| 06/09/1993 | 741 | AFFIDAVIT in opposition of James P. Corcoran by Metropolitan Marine Re: [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ. Also in support of MMMCA's motion to dismiss the Amended Complaint (emil) (Entered: 06/09/1993) |
| 06/09/1993 | 742 | AFFIDAVIT in opposition of Joseph N. Barbera by Metropolitan Marine Re: [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ. Also in support of MMMCA's motion to dismiss the Amended Complaint. (emil) (Entered: 06/09/1993) |
| 06/09/1993 | 743 | MEMORANDUM by Metropolitan Marine in opposition to [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ (emil) (Entered: 06/09/1993) |
| 06/09/1993 | 744 | ORDER, Gallagher's Reply to Response to Motion to proceed in forma pauperis by 6/14/93 , Response to Gallagher's motion to amend this Court's liability Opinion is due on 6/28/93 , Deft Lachnicht's opposition to the government's proposed remedy is due on 6/14/93. Government's reply brief concerning the remedy phase of this litigation is due on 6/28/93. The government and the NY Shipping Association are to submit a proposed consent decree by 6/10/93; government's supplemental brief in support of the YSA consent decree is due on 6/10/93; any party or amicus having objections to the proposed consent decree must file said objections w/ the Court by 6/14/93; the government may file a reply brief responding to any objections to the consent decree by 6/16/93 at 12:00 p.m.; oral argument will be heard on 6/17/93 at 2:15 p.m. , set MMMCA's motion to dismiss the complaint filing deadline for 6/9/93; government's opposition must be filed by 6/14/93; MMMCA's reply brief is due on 6/16/93 at 12:00 p.m.; oral argument will be heard on 6/17/93 , MMMCA's Response to motion reset to 6/9/93 for [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ , e Reply to Response to Motion reset to 6/16/93 for [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ , set oral argument (on motion to certify class) for 6/17/93 ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 06/10/1993) |
| 06/10/1993 | 745 | MEMORANDUM by United States of Ame in support of [663-1] motion for an order approving the proposed consent decree between the U.S. and the NY Shipping Association (emil) (Entered: 06/11/1993) |
| 06/10/1993 | 746 | ORDER, reset discovery relating to the issue of the check due for 7/30/93. The Court will conduct an evidentiary hearing on 8/17/93 at 10:00 a.m. in Courtroom 503. The parties are to exchange witness and exhibit lists, and are to serve and file pre-hearing briefs by 8/10/93 ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed (emil) (Entered: 06/11/1993) |
| 06/10/1993 | 750 | AFFIDAVIT of Anthony Gallagher Re: identities of individuals Mr. Gallagher was seen speaking with. (emil) (Entered: 06/17/1993) |
| 06/14/1993 | 747 | Objection(s) by Locals 1, 791, 824 etc. to Proposed Consent Judgment between pltff and The NY Shipping Association. Fld in night deposit on 6/14/93 at 5:48 p.m. (emil) (Entered: 06/15/1993) |
| 06/14/1993 | 748 | REPLY MEMORANDUM by United States of Ame re: [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ. Also in opposition to the Metropolitan Marine Maintenance Contractors' Association's motion to dismiss the amended complaint. Fld in night deposit on 6/14/93 at 6:04 p.m. (emil) (Entered: 06/15/1993) |
| 06/14/1993 | 749 | DECLARATION in support of Steven C. Bennett by United States of Ame [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ. Also in opposition to the motion of deft MMMCA to dismiss the amended complaint. Fld in night deposit on 6/14/93 at 6:04 p.m. (emil) (Entered: 06/15/1993) |
| 06/16/1993 | 751 | MEMORANDUM by United States of America re: [747-1] Amici ILA Locals Objections to the proposed consent Decree concerning the NY Shipping Association (emil) (Entered: 06/17/1993) |
| 06/23/1993 | 752 | NOTICE by United States of Ame to take deposition of Donald Carson on 6/29/93; subpoena(s) issued. (emil) (Entered: 06/24/1993) |
| 06/23/1993 | 753 | NOTICE by United States of Ame to take deposition of Margaret Carson on 6/30/93; subpoena(s) issued. (emil) (Entered: 06/24/1993) |
| 06/29/1993 | 754 | MEMORANDUM by United States of Ame in opposition to [671-1] motion to amend the Court's opinion dated 1/14/93 (emil) (Entered: 06/30/1993) |
| 07/02/1993 | 755 | MEMORANDUM by George Lachnicht in opposition to the govt's request for remedial relief. (cd) (Entered: 07/02/1993) |
| 07/02/1993 | 757 | MEMORANDUM by George Lachnicht in opposition to govt's request for remedial relief (cd) (Entered: 07/07/1993) |
| 07/06/1993 | 756 | Filed Memo-Endorsement on letter dated 7/1/93, reset discovery due for 8/20/93. The hearing will commence on 9/14/93 at 10:00 a.m. ( signed by Magistrate Judge Michael H. Dolinger ) (emil) (Entered: 07/07/1993) |
| 07/08/1993 | 758 | REPLY MEMORANDUM by United States of America re: in support of its request for remedial relief. Fld in night deposit on 7/8/93 at 10:02 p.m. (emil) (Entered: 07/09/1993) |
| 07/08/1993 | 759 | DECLARATION in support of Claude M. Millman by United States of America of the Government's request for remedial relief in this action. Fld in night deposit on 7/8/93 at 10:02 p.m. (emil) (Entered: 07/09/1993) |
| 07/22/1993 | 760 | MEMORANDUM by United States of America in support of the Government's Motion for entry of its proposed Consent Decree w/ the NY Shipping Association (emil) (Entered: 07/22/1993) |
| 07/23/1993 | 761 | CONSENT JUDGMENT # 93,1741 for United States of Ame against Douglas Rago. Deft Rago shall pay the sum of $50,000 by cert. check payable to the "Dept. of Justice" within 30 days of the date that this Consent Judgment is entered. The check shall be delivered to the U.S., care of its undersinged atty. In its sole discretion, the Gov't may provide any portion of this amount to any Court-appointed officers or special masters in this caase, alleged victims, or the U.S. Treasury. Subject to the terms described in this Consent Judgment, the U.S. hereby withdraws its claims against deft RAGO w/ prejudice (signed by Judge Leonard Sand ) (emil) (Entered: 07/26/1993) |
| 07/23/1993 | Memo endorsed on motion; mooting [715-1] cross motion to vacate the default judgment as to Douglas Rago ... MOTION MOOT. SEE CONSENT JUDGMENT CONCERNING DOUGLAS RAGO, ENTERED BY THIS COURT ON 7-16-93..SO ORDERED. ( signed by Judge Leonard B. Sand ); Copies mailed. (kk) (Entered: 07/26/1993) | |
| 08/19/1993 | 762 | RESPONSE AFFIDAVIT of Anthony Gallagher by Anthony Gallagher in re: additional exhibit and one witness for remedy hearing (emil) (Entered: 08/20/1993) |
| 08/19/1993 | 763 | Letter filed dated 2/10/93 re Mr. Carson's Rule 52 Motion (emil) (Entered: 08/20/1993) |
| 08/19/1993 | 764 | Letter filed by Anthony Anastasio dated 4/7/93 re response to Government's Memo of Law in support of its request for remedial (emil) (Entered: 08/20/1993) |
| 08/19/1993 | 765 | Letter filed by Ila Local 1588 dated 2/25/93 re Government's brief in opposition to Donald Carson's Notice of Motion to Amend the Court's Finding of Facts under Rule 52(b) of the Federal Rules of Criminal Procedure (emil) (Entered: 08/20/1993) |
| 08/19/1993 | 766 | Letter Motion filed by Anthony Gallagher dated 4/25/93 re "reopening record" and "response to remedy" (emil) (Entered: 08/20/1993) |
| 08/19/1993 | 767 | MEMORANDUM OPINION # 71966, to amend the Court's 1/14/93 opinion as follows: The "Tony G" List is stricken from the record. The Court's discussion of the admissibility of the "Tony G" List is withdrawn. The Court's crediting the "Tony G" List as further evidence that Carson received $5 per container move as his share of the MOTBY kickbacks is withdrawn. The Court's conclusion that Carson received $5 per container move is not affected by this holding. The Court's finding that Carson embezzled his expenses from Local 1588 is withdrawn. The Court's finding that teh false invoices submitted to UTI by B&A Reefer were accounted for on UTI's profit and loss statement for MOTBY as "extra equipment" or "rent" is amended to delete any reference to "rent". The Court has considered the defts' other objections and finds them to be without merit. Nothing in the Opinion issued by the Court today undermines the ultimate conclusion reached by the Court in the Liability Opinion that defts Carson, Gallagher, Lachnicht, and Mangano violated the civil RICO statute by the commission of two predicate acts ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 08/20/1993) |
| 08/19/1993 | 768 | MEMORANDUM OPINION # 71968, After considering all of the arguments advanced by the defts, many of which are moot in light of the nature of the award granted by the Court, this Court grants relief to the government as set forth in detail in the text of this Opinion. Any objection urged by a party on which the Court has not commented has been considered by the Court and rejected summarily as irrelevant or meritless. This opinion marks the end of this civil RICO action w/ regard to defts Donald Carson, Anthony Gallagher, George Lachnicht, and Venero Mangano. The government is to submit to the Court, within seven business days, a proposed judgment setting forth the relief granted to it by the Court ( Signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 08/20/1993) |
| 08/19/1993 | 769 | ORDER, the Court approves the proposed Consent Decree and orders that the Consent Decree be entered forthwith ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 08/20/1993) |
| 08/19/1993 | 770 | ORDER, Judgment should be entered against defts Anthony Anastasio, James Coonan, Michael Coppola, Tino Fiumara, John Gotti, Kevin Kelly, and James McElroy in accordance w/ this Order ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 08/20/1993) |
| 08/20/1993 | 771 | CONSENT JUDGMENT concerning New York Shipping Association, Inc. This Consent Judgment shall be in full settlement of all claims against the NYSA as a nominal party to this action and the other NYSA Employers as putative deft class members in this action and the Government shall seek no further relief against the NYSA Employers or the NYSA Funds, except to the extent that the NYSA Employers or the NYSA Funds may be affected by the implementation of this Consent Judgment ( signed by Judge Leonard B. Sand ) (emil) (Entered: 08/23/1993) |
| 08/20/1993 | Memo endorsed on motion (doc. #671);, motion decided as per opinion dated 8/19/93 ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 08/23/1993) | |
| 08/20/1993 | Memo endorsed on motion; granting [663-1] motion for an order approving the proposed consent decree between the U.S. and the NY Shipping Association. Consent Decree entered on 8/19/93 ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 08/23/1993) | |
| 08/20/1993 | Memo endorsed on motion (doc. #678);, motion decided per opinion dated 4/15/93 and 8/20/93 ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 08/23/1993) | |
| 08/23/1993 | Memo endorsed on motion (doc. #669);, motion decided per opinion dated 8/19/93 ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 08/23/1993) | |
| 08/23/1993 | 772 | Memo endorsed on motion;, by opinion dated 8/19/93, Gallagher's application to proceed in forma pauperis is granted ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 08/23/1993) |
| 08/23/1993 | 773 | SUR REPLY by Anthony Gallagher Re: opposition to in forma pauperis status (emil) (Entered: 08/24/1993) |
| 08/23/1993 | 774 | RESPONSE AFFIDAVIT of Anthony Gallagher by Anthony Gallagher Re: Governments Opposition Memo to amend per Rule 52(b) (emil) (Entered: 08/24/1993) |
| 08/24/1993 | 775 | Letter filed by Anthony Gallagher dated 5/30/93 re unsealing of affidavit (emil) (Entered: 08/24/1993) |
| 08/31/1993 | 776 | Transcript of record of proceedings filed for dates of 5/20/93 (rag) (Entered: 08/31/1993) |
| 08/31/1993 | 777 | Transcript of record of proceedings filed for dates of 3/5/93 (rag) (Entered: 08/31/1993) |
| 08/31/1993 | 778 | Transcript of record of proceedings filed for dates of 6/17/93 (rag) (Entered: 08/31/1993) |
| 09/02/1993 | 779 | Filed Memo-Endorsement on letter dated 8/31/93, The witness and exhibit lists may be provided by no later than 9/9/93 together w/ pre-hearing briefs ( signed by Magistrate Judge Michael H. Dolinger ) (emil) (Entered: 09/03/1993) |
| 09/03/1993 | 780 | Filed Memo-Endorsement on letter dated 9/2/93, Frederic Gross' witness and exhibit list and any pre-trial memorandum must be received in the U.S. Atty's Office no later than 5:00 p.m. on 9/9/93. The Government's request for a two day extension for submission of its memorandum, witness and exhibit lists, is granted ( signed by Magistrate Judge Michael H. Dolinger ) (emil) (Entered: 09/07/1993) |
| 09/07/1993 | 781 | Appeal reinstated. by Donald J Carson [721-1] appeal by Donald J Carson USCA NUMBER: 93-6124 (tr) (Entered: 09/07/1993) |
| 09/09/1993 | 782 | Witness list and exhibits by United States of Ame (emil) (Entered: 09/10/1993) |
| 09/09/1993 | 783 | Government's PRETRIAL MEMORANDUM (emil) (Entered: 09/10/1993) |
| 09/09/1993 | 784 | ORDER, the judgment dated 9/8/93 against the Individual Defts shall be entered as a final judgment ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 09/10/1993) |
| 09/09/1993 | 785 | STIPULATION and ORDER, to amend the sixth line on page 6 of Exhibit A to the Consent Judgment , The date by which the Gov't and the NYSA, in consultation w/ the Waterfront Commission, are required to jointly propose to the Court at least two mutually acceptable persons for the position of Port Hearing Officer, in accordance w/ paragraph 4 of the Consent Judgment, is extended by 2 weeks ( signed by Judge Leonard B. Sand ). (emil) (Entered: 09/10/1993) |
| 09/09/1993 | 786 | FIRST ORDER purs. to paragraph 7 of the NY Shipping Association, Inc. Consent Judgment, regarding persons to be prohibited from seeking, obtaining or remaining in employment on the Waterfront and from seeking or obtaining any payment of money or benefits from any employer on the Waterfront ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 09/10/1993) |
| 09/10/1993 | 787 | JUDGMENT # 93,2079 for United States of Ame against Anthony Anastasio, James Coonan, Michael Coppola, Tino Fiumara, Kevin Kelly, James McElroy, John Gotti, Donald J Carson, Venero Mangano, Anthony Gallagher, George Lachnicht. Defts Anastasio, Coonan, Coppola, Fiumara, Kelly and McElroy are permanently enjoined from participating in or having any future dealings of any nature whatsover w/ any, officer, agent, etc. of the Int'l Longshoremen's Association, or any labor organization, about any matter which relates directly or indirectly to the affairs of the ILA, or any other labor organization, and from owning or operating any business which employs members of the ILA in the SDNY or elsewhere. Deft Gotti and all other persons in active concert w/ him are permanently enjoined from participating in or having any future dealings of any nature whatsover w/ any officer, agent, etc. of the ILA, or any other labor organization. Defts Carson, Gallagher, Lachnicht and Mangano are permanently enjoined from: commiting any acts of racketeering activity; from having dealings w/ any members of organized crime for any commercial purpose concerning the affairs of the Port of NY and NJ; from having any dealings w/ any other deft in the action for any commercial purpose concerning the affairs of the Waterfront or any labor organization; participating in any way in the affairs of any labor organization; from visiting the site of any ILA entity or other labor organization or communicating w/ any person who is at the site of any ILA entity or other labor organization. The U.S. is to have judgment against the following defts for the following amounts (w/ interest from the date of judgment as provided by law): Tino Fiumara and Michael Coppola in the sum of $76,000; John Gottin in the sum of $89,000; John Gotti, James Coonan, James McElroy and Kevin Kelly, jointly and severally in the sum of $10,553.53; Anthony Anastasio in the sum of $15,000; Donald Carson in the sum of $76,100; Anthony Gallagher in the sum of $16,100; Venero Mangano in the sum of $16,100; George Lachnicht in the sum of $15,000. The complaint in 90 CV 5618 is dismissed w/ prejudice ( signed by Judge Leonard B. Sand ); Mailed copies and notice of right to appeal. (emil) (Entered: 09/13/1993) |
| 09/14/1993 | 788 | HEARING MEMORANDUM of Peggy Carson with witness list, exhibit list and proof of service. (tr) (Entered: 09/14/1993) |
| 09/14/1993 | Pre-trial conference held before the Magistrate Judge Dolinger. (rag) (Entered: 09/15/1993) | |
| 09/16/1993 | 789 | STIPULATION and ORDER, the Court's 4/6/93 Preliminary Restraining Order is amended to provide that on 9/15/93, Frederic J. Gross shall deliver a cert. check for $7,254.04 from his atty. escrow accout, representing a portion of the Check plus interest earned, and that the U.S. shall deposit that cert. check in an interest-bearing escrow account, with the understandings and conditions listed in this order ( signed by Judge Leonard B. Sand ). (emil) (Entered: 09/17/1993) |
| 09/16/1993 | 790 | Filed Memo-Endorsement on letter dated 9/2/93, application by Delores Anastasio on behalf of Anthony Anastasio for reconsideration of the judgment is denied ( signed by Judge Leonard B. Sand ) (emil) (Entered: 09/17/1993) |
| 09/20/1993 | 791 | NOTICE OF APPEAL by Anthony Gallagher ; from [787-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Fredric J. Gross, Donna R. Newman, David Simon, Richard P. Lerner, richard P. Lerner, Gerald J. McMahon, Chad A. Vignola . (jf) (Entered: 09/23/1993) |
| 09/23/1993 | Notice of appeal and certified copy of docket to USCA: [791-1] appeal by Anthony Gallagher ; Copy of notice of appeal sent to District Judge. (jf) (Entered: 09/23/1993) | |
| 09/23/1993 | 792 | Uncertified Transcript of record of proceedings filed for dates of 9/14/93 (emil) (Entered: 09/23/1993) |
| 09/23/1993 | 793 | NOTICE OF MOTION by Donald J Carson to amend the Court's judgment filed on 9/10/93 , Return date 10/7/93 (emil) (Entered: 09/24/1993) |
| 09/23/1993 | 794 | MEMORANDUM by Donald J Carson in support of [793-1] motion to amend the Court's judgment filed on 9/10/93 (emil) (Entered: 09/24/1993) |
| 09/23/1993 | 795 | DECLARATION of Donald Carson in support by Donald J Carson [793-1] motion to amend the Court's judgment filed on 9/10/93 (emil) (Entered: 09/24/1993) |
| 09/24/1993 | 796 | NOTICE OF MOTION by Donald J Carson to amend the judgment filed on 9/10/93 , Return date 10/7/93 (emil) (Entered: 09/27/1993) |
| 09/24/1993 | 797 | MEMORANDUM by Donald J Carson in support of [796-1] motion to amend the judgment filed on 9/10/93 (emil) (Entered: 09/27/1993) |
| 09/24/1993 | 798 | DECLARATION of Donald Carson in support by Donald J Carson [796-1] motion to amend the judgment filed on 9/10/93 (emil) (Entered: 09/27/1993) |
| 09/29/1993 | 799 | ORDER, purs. to paragraph 4 of the Consent Judgment concerning NY Shipping Association, Inc., the Court hereby appoints Edward A. McDonald as the Port Hearing Officer ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 09/30/1993) |
| 09/30/1993 | 800 | POST-TRIAL MEMORANDUM by United States of Ame re: responding to issues raised by the Court at the 9/14/93 trial addressing owernership of the proceeds of the $19,371 check refunding Donald Carson's criminal fine. Fld in Night Deposit on 9/30/93 at 11:44pm. (tr) Modified on 10/01/1993 (Entered: 10/01/1993) |
| 10/04/1993 | 801 | MEMORANDUM by United States of Ame in opposition to [796-1] motion to amend the judgment filed on 9/10/93 (emil) (Entered: 10/05/1993) |
| 10/07/1993 | 802 | MANDATE OF USCA (certified copy) Re: [781-1] appeal by Donald J Carson is withdrawn with prejudice (emil) (Entered: 10/08/1993) |
| 10/08/1993 | Memo endorsed on motion; granting [796-1] motion to amend the judgment filed on 9/10/93. This motion is granted to the extent consented to by the U.S. ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 10/12/1993) | |
| 10/13/1993 | 803 | ORDER, the Clerk of the USDC, SDNY shall accept Mr. Gross' check for deposit w/ the Clerk of the Court. The Clerk of the Court is to prepare the necessary forms to effectuate the transfer of said funds from the registry of the Court of the SDNY, to the registry of the Court of the Southern Dist. of TX, for the purpose of placing said funds in the court registry investment system, interest bearing account. The Clerk shall deduct from the income earned from the investment a fee not exceeding that authorized by the judicial conference of the US and set by the Director of the Administrative Office whenever such income becomes available for deduction from the investment so held and without further order of this Court. The Government shall serve a signed copy of this order on the Clerk of the Court in Room 18 and on a financial deputy in the cashier's office in Room 14 ( signed by Judge Leonard B. Sand ); Copies mailed. Order sent to Cashier's Office on 10/14/93 (emil) (Entered: 10/14/1993) |
| 10/13/1993 | 805 | Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals: [791-1] appeal Anthony Gallagher (emil) (Entered: 10/18/1993) |
| 10/14/1993 | 804 | Notice that the 1st supplemental record on appeal has been certified and transmitted to the U.S. Court of Appeals: [791-1] appeal Anthony Gallagher (emil) (Entered: 10/18/1993) |
| 10/14/1993 | Remark by Cashier's Office on doc. #803 that on 10/14/93 a check was received in the amount of $7,254.04 to be placed in the Court Registry Investment System. (emil) (Entered: 10/20/1993) | |
| 10/25/1993 | 806 | MANDATE OF USCA (certified copy) Re: [736-1] appeal by Anthony Gallagher from preliminary injunction is withdrawn (emil) (Entered: 10/26/1993) |
| 10/25/1993 | 807 | FIRST ORDER purs. to paragraph 7 of the NY Shipping Association, Inc. Consent Judgment, the following persons are prohibited from seeking, obtaining, or remaining in employment on the Waterfront and from seeking or obtaining any payment of money or benefits (other than benefits that may not be alienated under the Employee Retirment Income Security Act of 1974, 29 USC 1001 et seq.) from any employer on the Waterfront: Anthony Anastasio, Donald Carson, James Coonan, Michael Coppola, Tino Fiumara, Anthony Gallagher, John Gotti, Kevin Kelly, George Lachnicht, Venero Mangano and James McElroy ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 10/26/1993) |
| 10/27/1993 | Memo endorsed on motion; denying [739-1] motion to dismiss the Amended Complaint and the action as to MMMCA ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 10/28/1993) | |
| 10/27/1993 | 808 | ORDER, we deny the Government's motion to certify the MMCA as the representative of the Government's proposed class. We do so without prejudice to the resubmission of a motion purs. to FRCP 23 embodying such class definitions and representatives as might more adequately insure adequacy of representation ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 10/28/1993) |
| 10/27/1993 | Memo endorsed on motion; denying [665-1] motion to certify class of employers which engage in business affecting interstate commerce and, directly or indirectly, the Port of NY and NJ ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 10/28/1993) | |
| 10/28/1993 | 809 | STIPULATION and ORDER, substituting Kirkpatrick & Lockhart in place of Lord Day & Lord, Barrett Smith as counsel for Metropolitan Marine Maintenance Contractors' Association ( signed by Judge Leonard B. Sand ). (emil) (Entered: 10/28/1993) |
| 10/29/1993 | 810 | ORDER TO SHOW CAUSE by United States of Ame Show Cause Hearing set for 11/5/93 for an order permitting the Government to satisfy its judgment against Carson using the proceeds of the Pension ( signed by Judge Leonard B. Sand ); Copies mailed. (emil) (Entered: 11/01/1993) |
| 11/02/1993 | 811 | DECLARATION of Claude M. Millman in support by United States of America in support of the Government's application for an order to show cause and TRO (emil) (Entered: 11/03/1993) |
| 11/02/1993 | 812 | MEMORANDUM by United States of America in support of its application for an order to show cause and a TRO (emil) (Entered: 11/03/1993) |
| 11/10/1993 | 813 | ORDER, to amend the judgment entered on 9/13/93 ( signed by Judge Leonard B. Sand ); Copies mailed (emil) (Entered: 11/12/1993) |
| 11/10/1993 | 814 | STIPULATION and ORDER, The NYSA and the ILA shall jointly seek and adjournment of the arbitration proceeding concerning Ciccione's application until 11/24/93. Within 24 hours of their receipt of this "So Ordered" Stip & Order, the NYSA-ILA Pension Trust Fund and the NYSA-ILA Contract Board shall produce to the Government any documents in their possession or control (as listed in this stip & order ( signed by Judge Leonard B. Sand ). (emil) (Entered: 11/12/1993) |
| 11/16/1993 | 815 | Transcript of record of proceedings filed for dates of 9/14/93 (emil) (Entered: 11/17/1993) |
| 11/18/1993 | 816 | NOTICE OF MOTION by United States for an order adjudging Anthony "Sonny" Ciccone in contempt of this Court's 12/17/91 Consent Decree Concerning the ILA Local 1814 Defts; enforcing the Consent Decree as against Ciccone by (a) enjoining him from associating w/ certain persons who have been identified by the Federal Bureau of Investigation as associates or members of organized crime groups; (b) enjoining him from visiting certain social clubs that have been identified by the FBI as affiliated w/ organized crime groups; (c) enjoining him from associating w/ any member, officer, or employee of the Int'l Longshoreman's Association, AFL-CIO or any entity affiliated w/ the ILA; (d) compelling him to withdraw his application for a Window Period Pension from the NYSA-ILA Pension Trust Fund and enjoining him from receiving such benefits; (4) enjoining Ciccone, the New York Shipping Association, Inc. and the ILA from participating in any arbitration concerning Ciccone's application for a Window Period Pension from the NYSA-ILA Pension Trust Fund; and (5) imposing escalating fines on Ciccone in the event that he fails to obey this Court's orders, and for other relief as is just , Return date 12/17/93 (emil) Modified on 11/18/1993 (Entered: 11/18/1993) |
| 11/18/1993 | 817 | MEMORANDUM by United States of Ame in support of [816-1] motion for an order adjudging Anthony "Sonny" Ciccone in contempt of this Court's 12/17/91 Consent Decree Concerning the ILA Local 1814 Defts; enforcing the Consent Decree as against Ciccone by (a) enjoining him from associating w/ certain persons who have been identified by the Federal Bureau of Investigation as associates or members of organized crime groups; (b) enjoining him from visiting certain social clubs that have been identified by the FBI as affiliated w/ organized crime groups; (c) enjoining him from associating w/ any member, officer, or employee of the Int'l Longshoreman's Association, AFL-CIO or any entity affiliated w/ the ILA; (d) compelling him to withdraw his application for a Window Period Pension from the NYSA-ILA Pension Trust Fund and enjoining him from receiving such benefits; (4) enjoining Ciccone, the New York Shipping Association, Inc. and |